498a fir - police search
Aman Verma
(Querist) 25 June 2016
This query is : Resolved
Hi
My wife got FIR registered against me in Jalandhar, Punjab under sec 498A, 406, 506.
I was fortunate to know about that and applied for anticipatory bail in Sessions Court. Notice was being issued to Police by the court to come up with the File or so.
After court notice, Police and other party got alerted and then they
1. Visited my office and searched me there at Ludhiana
2. Visited my relatives (Taya ji) in Jagraon. My Taya Ji was not at home and was at office. Police then went to their office to enquire about me.
Please let me know
1. Whether police can go in search of me AFTER FILING OF ANTICIPATORY BAIL OR NOTICE FROM THE COURT.
2. Are they authorised to visit my relatives in search of me at different city
3. When my Taya ji were not at their home. Do they have the authority to visit their office (Even if its 1 km away from their home).
Thanks to the respected in Advance.
Kappil Cchandna
(Expert) 25 June 2016
Sir,
No way because the purpose of Anticipatory Bail will get frustrated.
Warm Regards
Kapil Chandna Advocate
9899011450
Devajyoti Barman
(Expert) 25 June 2016
1. Filing of anticipatory bail petition is no restraint on police to search for you and arrest you. So the police is doing which is perfectly permissible.
2.Yes
3.Yes
Get your AB heard asap.
Devajyoti Barman
(Expert) 25 June 2016
The Police can even arrest you even during the pendency of anticipatory bail petition. It is legal and no legal restraint is there on it unless the court beofre passing the final bail order passes stay on arrest which is though hardly done.
Sudhir Kumar, Advocate
(Expert) 26 June 2016
Given facts do not show any illegality by police rather they acted in commendable manner
Sudhir Kumar, Advocate
(Expert) 26 June 2016
Remember this is the same police (PP) which acted same way and wiped out terrorism from the state
R.K Nanda
(Expert) 26 June 2016
Nothing to add.
Rajendra K Goyal
(Expert) 26 June 2016
Police can search and arrest pending anticipatory bail ordered by the court.
Aman Verma
(Querist) 29 June 2016
Thanks for all your help.
Sudhir Kumar, Advocate
(Expert) 30 June 2016
They went only from Jalandhar to Jagraon (64 Km).
They can go for your search to any place in India even if they do not know the language spoken in that state.
Aman Verma
(Querist) 01 July 2016
Sir - Some one told me that Police have to take permissions first of the places they will visit or enter the places to be visited in some REGISTER or so BEFORE such Visit.
Is that true or wrong. Thanks All for your kind time an help
Siddharth Dev
(Expert) 01 July 2016
Answer to your query;
your statements suggest that you had not joined investigation by IO. So technically you may be in trouble and that's why they are in search of you.
So, i suggest you to make an application before that court with reasonable ground and ask for permission to join investigation.
Thank You;
www.satron19.com
Sudhir Kumar, Advocate
(Expert) 01 July 2016
all they have to do is to visit area thana and command their support (not permission). Normally they carry necessary force and only one man accompanies them from local thana.
Siddharth Dev
(Expert) 04 July 2016
Mr. Aman Varma can you give information regarding Date of Notice issued to IO in AB application?
Thank you
Siddharth
Sudhir Kumar, Advocate
(Expert) 10 July 2016
@ Mr Siddharth Dev.
His query was limited to see whether action of police is correct. He has got the answer.
Aman Verma
(Querist) 12 July 2016
Thanks Sudhir Sir.
Last thing - Do they have to do any entry in local thana or everything happens in verbal only. Please suggest. Thanks
Guest
(Expert) 13 July 2016
I have my own doubts on your story, which seems to be an adapted academic query.
Anyway, before actual grant of AB, police is fully authorised to make search anywhere to arrest an accused.
